By November 3, 2008 Read More →

Mishnah Bava Mezia 1:2-4: Property Disputes

Greco-Roman Period
The following selections illustrate civil law as included in the Mishnah. Oaths were an important tool for guaranteeing ownership in Jewish law.

1-2 Two men were riding on an animal or one was riding the animal and one was
leading it; if one says- “It is all mine” and the other says “it is all mine,” 169 then one must
swear that he does not own less than half, and the other must swear that he does not own
less than half, and they divide it[s value]. If they both agree or if they have witnesses,
they divide it without an oath.

3 One said to two men- [I know] I have stolen a maneh 170 from one of you, but I do not
know which one; or [one says]- The father of one of you deposited a maneh with me, but
I do not know which one. He must give a maneh to each one, since he himself confessed.

4 Two men deposited some money with a third man; one [gave] a maneh (=100 zuz),
and one [gave] 200 zuz. One says- the 200 zuz are mine, and the other says- the 200 zuz
are mine. He must give each of them a maneh, and the rest should be set aside until Elijah
comes. 171 Rabbi Yose said; If so, then what is the liar losing?! [He gets back his full 100
zuz deposit.] Rather, all the money should be set aside until Elijah comes.

168. Trans. S. Berrin.

169. Each claims ownership of the entire animal.

170. A maneh is equal to 100 zuz (denarii).

171. The harbinger of the Messiah who will settle all halakhic disputes.

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